BERNABE vs.

ALEJO
ERNESTINA BERNABE, petitioner, vs. CAROLINA ALEJO as guardian ad litem for the minor ADRIAN
BERNABE, respondent.

SUMMARY:

The right to seek recognition granted by the Civil Code to illegitimate children who were still minors at
the time the Family Code took effect cannot be impaired or taken away. The minors have up to four years
from attaining majority age within which to file an action for recognition.
FACTS:
1. The late Fiscal Ernesto A. Bernabe allegedly fathered a son with his secretary, Carolina Alejo, of 23
years.
2. The son, Adrian Bernabe was born on September 18, 1981. Fiscal Bernabe died on August 13, 1993, and
his wife Rosalina died on December 3 of the same year,leaving Ernestina as the sole surviving heir.
3. May 16, 1994, Carolina, in behalf of Adrian, filed complaint that Adrian be declared an acknowledged a
legitimate son of Fiscal Bernabe and be given share in Fiscal Bernabes estate.
4. RTC dismissed the complaint, ruling that under the provisions of the Family Code (took effect on 1988)
as well as the case of Uyguangco vs. CA, the complaint is now barred.
5. RTC granted Ernestinas Motion for Reconsideration and ordered the dismissal of the Complaint for
recognition. Citing Article 175 of the Family Code, the RTC held that the death of the putative father had
barred the action.
6. the trial court added that since the putative father had not acknowledged or recognized Adrian Bernabe in
writing, the action for recognition should have been filed during the lifetime of the alleged father to give
him the opportunity to either affirm or deny the childs filiation.
ISSUES:
1. W/N Family Code should be applied retroactively
W/N Adrian Bernabe, an illegitimate son, has a right to be recognized

HELD:
1. NO. FC should not be applied retroactively
a. Because the boy was born in 1981, his rights are governed by Article 285 of the Civil Code, which allows
an action for recognition to be filed within four years after the child has attained the age of majority.
ART. 285. The action for the recognition of natural children may be brought only during the lifetime of
the presumed parents, except in the following cases:
(1) If the father or mother died during the minority of the child, in which case the latter may file the action
before the expiration of four years from the attainment of his majority;
(2) If after the death of the father or of the mother a document should appear of which nothing had been heard
and in which either or both parents recognize the child.
a. Article 285 of the Civil Code is a substantive law, it gives Adrian the right to file his petition for
recognition within four years from attaining majority age.
b. The subsequent enactment of the Family Code did not take away that right. (FC did not apply
retroactively because it will impair this vested right)
2. RTC said that the father had not acknowledged or recognized Adrian Bernabe in writing. The action for
recognition should have been filed during the lifetime of the alleged father to give him the opportunity to
either affirm or deny the childs filiation.
Illegitimate children who were still minors at the time the Family Code took effect and whose putative
parent died during their minority are thus given the right to seek recognition (under Article 285 of the
Civil Code) for a period of up to four years from attaining majority age. This vested right was not
impaired or taken away by the passage of the Family Code.
Adrian was only 7 y/o when the Family Code took effect and only 12 when his alleged father died in
1993. The minor must be given his chance to exercise his right.

ART. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument
and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws.

ART. 173. The action to claim legitimacy may be brought by the child during his or her lifetime
and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In
these cases, the heirs shall have a period of five years within which to institute the action.

DOCTRINE:

The right to seek recognition granted by the Civil Code to illegitimate children who were still minors
at the time the Family Code took effect cannot be impaired or taken away. The minors have up to four
years from attaining majority age within which to file an action for recognition.

Article 285 of the Civil Code provides the period for filing an action for recognition as follows:
ART. 285. The action for the recognition of natural children may be brought only during the lifetime of
the presumed parents, except in the following cases:

(1) If the father or mother died during the minority of the child, in which case the latter may file
the action before the expiration of four years from the attainment of his majority;

(2) If after the death of the father or of the mother a document should appear of which nothing
had been heard and in which either or both parents recognize the child.

In this case, the action must be commenced within four years from the finding of the document.

The two exceptions provided under the foregoing provision, have however been omitted by Articles
172, 173 and 175 of the Family Code, which we quote:

ART. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and
signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws.

ART. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall
be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the
heirs shall have a period of five years within which to institute the action.
The action already commenced by the child shall survive notwithstanding the death of either or both of
the parties.

ART. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same,
evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the action is
based on the second paragraph of Article 172, in which case the action may be brought during the lifetime
of the alleged parent.

Under the new law, an action for the recognition of an illegitimate child must be brought within the
lifetime of the alleged parent. The Family Code makes no distinction on whether the former was still a
minor when the latter died. Thus, the putative parent is given by the new Code a chance to dispute the
claim, considering that illegitimate children are usually begotten and raised in secrecy and without the
legitimate family being aware of their existence. x x x The putative parent should thus be given the
opportunity to affirm or deny the childs filiation, and this, he or she cannot do if he or she is already
dead.[10]

Nonetheless, the Family Code provides the caveat that rights that have already vested prior to its
enactment should not be prejudiced or impaired as follows:

ART. 255. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or
acquired rights in accordance with the Civil Code or other laws.

The crucial issue to be resolved therefore is whether Adrians right to an action for recognition, which
was granted by Article 285 of the Civil Code, had already vested prior to the enactment of the Family
Code. Our answer is affirmative.